Telangana High Court
WP/27441/2023 of Sri Venkateswara SC,ST, LCCS Outsoursing Agency Vs The State of Telangana on 29 December 2023
SC,ST, LCCS Outsoursing Agency, Eep by its..Secretary o.rniirpittri, S/o Paiilaiah Age gg vears H No.2+7, Ghanpur Village and Mandal.Jayashankar Bhupalpally District ...pETtrtoNER AND 1. The State of Telangana, Rep by its Principal Secrqtary to Government Ed ucation Departmient Tela n g aha
HIGH COURT FOR THE [STATE ][OF ][TELANGANA]AT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY [NINTH DAY OF ][DECEMBER]TWO THOUSAND AND [TWENTY ][THREE]
PRESENT
THE HON'BLE MRS JUSTICE SUREPALLI [NANDA]
WRIT PETITIO N NO: [27,141 ][OF 2023]
Between:
Sri Venkateswara SC,ST, [LCCS Outsoursing ][Agency, ]Eep [by ][its..Secretary]o.rniirpittri, S/o Paiilaiah [Age ][gg ]vears [H ][No.2+7, ][Ghanpur ][Village ][and]Mandal.Jayashankar Bhupalpally District
...pETtrtoNER
AND
1. The State of Telangana, [Rep by its Principal Secrqtary to ][Government]Ed ucation Departmient [Tela ][n ][g ][aha ][Secreta ][riat' l]y{e ][raba.d ][500. ][O22]Ed ucation Departmient [Tela ][n ][g ][aha ][Secreta ][riat' l]y{e ][raba.d ][500. ][O22]
2. The District Cblbctor, and Chairman [Samagra Shiksha ][Jayashankar]Bhupalpally DistrictBhupalpally District
3. iil"D&iai Employment [Officer, District Outsourcing Committee ][Jayashankar]Bhupalpally District Bhupalpally District
...REspoNDENTS
Petition under Article 226 [of the ][constitution ][of ][lndia ][praying ][that ][in ][the]
circumstances stated in the [affidavit ][filed ][therewith, ][the ][High ][court ][may ][be]pleased to issue a writ, order or direction, [more particularly ][one ][in ][the ][nature ][of ][a]Writ of Mandamus declaring [the action of ][the ][respondents in ][not ][considering ][the]case of the [petitioner ][for ][empanelment ][of ][the ][petitioner outsourcing agency ][for ][the]year2o23-24basingontheProc.No.4o5lB3(A1y2018dated26.o8.2022otllesecond respondent as [arbitrary and ][illegal ][and is violative ][of ][principles of ][natural]to [consider ][the ][case ][of ][petitioner from]justice and consequently direct respondents the year x/24-25 by the [name ][of ][petitioner ][in ][{he ][empanelment list ][of ][outsourcing]agency lA NO: 1 OF 2023
Petition under Section [151 ][CPC ]P[riying ][that ][in ][the ][circumstances ][stated ][in]the affitlavit filed [in ][support ][of ][the petition, the High ][court ][may ][be ][pleased to direct]
the respondents to consider the case of petitioner for the empanelment from theyear 2024-25 onwards, forthwith Counsel for the Petitioner: SMT. K. V. RAJASREE
Counsel for Respondent Nos. 1 & 2: GP FOR EDUCATION
Counsel for Respondent No. 3: GP FOR LABOUR
The Court made the following: ORDER
HON'BLE MRS JUSTICE SUREPALLI NANDAWRIT PETITION No.2744I OF 2(J23
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ORDER
Heard Ms. K. V. Rajasree learned counsel appearing for the petitioner, tearned GovernmentPleader appearing on behalf of respondents 1 and 2 andlearned Government Pleader for Labour appearing onbehalf of respondent No.3.RUSED TREC
2. The petitioner approached the Court seekingprayer as under:
"to issue a writ, order or direction more particularly one in the nature of a writ of declaring theaction of the respondents in not considering the case ofthe petitioner for empanelment of the petitioneroutsourcing agency for the year 2023-2024 basing ionthe Proc.No.405/83{A1)/2O18 dated 26.08.2022 ofrespondent No.2 as arbitrary and illegal and is violativeof principles of natural justice and consequenuy directrespondents to consider the case of petitioner from theyear 2O2L-2025 by including the name of petitioner inthe empanelment list of outsourcing agency and passuch other order or orders as this Hon'ble Court maydeem fit and proper in the interest of justice and"equ ity.
3. It is the specific case of the petitioner that the petitionerapplied for empanelment of petitioner's agency for theacademic year 2022-2023 and when the petitioner madeapplication, the petitioner was informed that his case cannotbe considered as per the proceedings dated 26.08.2022issued by the District Collector.
4. It is further case of the petitioner that the outsourcing
agencies are empanelled not only for the EducationDepartment, but several other departments like DistrictTreasury Department, District Probation and ExciseDepartment and so on and that only services of the agencywith School Education Department, Jayashankar Bhupalpallyhas been cancelled with immediate effect vide proceedingsdated 26.08.2022 and not with regard to other departments.with School Education Department, Jayashankar Bhupalpallyhas been cancelled with immediate effect vide proceedingsdated 26.08.2022 and not with regard to other departments.
5. Learned counsel appearing on behalf the petitionersubmits that the petitioner may be permitted to submit adetailed representation to the 2nd and 3d respondentsseeking consideratlon of the case of the petitioner forempanelment of the petitioner's outsourcing agency for theyear 2023-2024 and respondent Nos.2 and 3 may considerthe same, in accordance to law, within a reasonable period.
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6.
6. Taking into consideration the aforesaid submissions ofthe learned counsel appearing on behalf of the petitioner, thiswrit petition is disposed of directing the petitioner to submit adetailed representation to respondent Nos.2 and 3 seekingconsideration of the case of the petitioner for empanelment ofthe petitioner's outsourcing agency for the year 2023-2024,within a period of two weeks from the date of receipt of acopy of this order. However, there shall be no order as tocosts.
Miscellaneous petitions, if any, pending in this Writ Petition, shall stand closed.
SD/- C. PRAVEEN KUMARASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To,1. The Distr-rct Collector, and Chairman Samagra [Shiksha ][Jayashankar]Bhupalpally District1. The Distr-rct Collector, and Chairman Samagra [Shiksha ][Jayashankar]Bhupalpally District
2. The Didtrici Employrnent Officer, District Outsourcing [Committee ][Jayashankar]Bhupalpally DistrictBhupalpally District
3. One CC to Smt. K V Raiasree Advocate IOPUCI
4. Two CCs to GP For Education ,High Codrt for ttie [State ][of ][Telangana. ][OUT]
5. Two CCs to GP For Labour, High eourt [for ][the ][State ][of ][Telangana- ][OUT]
6. Two CD CopiesMBLS
(9/)--.f,Aq
HIGH COURT
DATED: 2911212023
rt\[EST][AI€]q3 o5JANzoail*Jt.,.: lip ,,T Cr"[1)]
ORDER
WP.No.27441 of 2023
DISPOSING OF THE WRIT [PETITION]
WITHOUT COSTS